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Terms and Conditions

General Terms Of Use:

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. KIVARI reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

Full Priced Items

Items that have been purchased at full price are eligible for a refund or store credit when returned to KIVARI HQ within 14 days of delivery. Please note, we are unable to refund or credit the cost of shipping.

Swimwear

All swimwear must be tried on wearing undergarments. If you wish to return an item, all tags and protective hygiene strip must remain in place and the item will not be accepted if either of these have been removed or altered, or if the item shows signs of wear.

Jewellery 

All purchases on jewellery are final. Due to hygiene reasons, we will not accept returns for jewellery unless deemed faulty by our team.

Promotional Items

Items that have been purchased during a promotion (e.g FLASH SALE) are subject to promotional specific return conditions. Please see below for specific terms and conditions.

Sale Items

Items that have been purchased from our SALE category are FINAL SALE and are not eligible for a return, exchange or store credit.

 

Promotional discount codes:

From time to time KIVARI may run special online sale offers that may involve applying a discount code. These promotional discount codes that has been advertised on the website through a homepage banner, eDM and Instagram socials are to be applied at checkout to receive the discount. In order to take advantage of these special promotional offer, you must apply the correct promotional discount code advertised at the checkout under “gift card or discount code section and click the button “apply” to ensure this discount code has applied to your order. Please note only one promotional code may be used per transaction. If a discount code states it has expired and is invalid, KIVARI reserves the right to deny honouring this discount if the code is no longer valid.  

Please note: gift cards can not be used with promotional codes at checkout. 

Current Promotions: 

Flash Sale: Take 30% Off The Edit
30% Off The Edit is valid on select product found in https://www.kivari.com.au/collections/promotion only. Offer ends 11:59PM AEDT Wednesday 17th April 2024. Use code: TAKE30 at checkout for discount to apply.

Not valid in conjunction with any other offer. Not redeemable for cash or credit. Offer cannot be redeemed against a prior purchase. Full Price items purchased during this promotional period using the promotional code ‘TAKE30’ are eligible to be returned for a credit note only. Sale items purchased during this promotional period using the promotional code ‘TAKE30’ are FINAL SALE and are not eligible for a refund, credit note or exchange unless the item is deemed faulty by our internal KIVARI Team.

Individual % or $ Off Promotional Code:

Cannot be used to purchase Gift Cards. Not to be used in conjunction with any other offer or promotion. Does not apply to sale items. Offer is valid for one purchase only. Offer is valid online only
 

Competitions:

There are no competitions currently running.

Previous Competitions:  

 

WIN 1 OF 4 $250 VOUCHERS - To spend at our Online Warehouse Sale!

Terms & Conditions

  1. The promoter is: Wild & Free Pty Ltd trading as KIVARI.

  2. The competition is open worldwide, except to employees of KIVARI and their close relatives and anyone otherwise connected with the organisation or judging of the competition.

  3. To enter into this competition you must subscribe or be already subscribed to the KIVARI email & sms database between Friday 8th March 2024 and Monday 11th March 2024 11:59am AEDT, follow @kivari_the_label Instagram, like the competition post and tag a friend in the comments — both of you must be following @kivari_the_label for an eligible entry. After this date no further entries to this competition will be permitted.

  4. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

  5. No responsibility can be accepted for entries not received for whatever reason.

  6. By signing up to our email and sms database, you consent to receive marketing communications from KIVARI with information relating to cart reminders, special offers, promotions or sales. Your data will not be shared in any other way

  7. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

  8. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

  9. The prize is as follows: 1 x KIVARI Gift Card to the value of $250 AUD per winner. Prize is subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

  10. Winners (4) will be chosen at random and announced on Monday 11th March 2024 4PM AEDT.

  11. The winner will be contacted by our official Instagram account only. Please be vigilant and look out for fake profiles impersonating our account. If the winners cannot be contacted or do not claim the prize within 2 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.<

  12. The promoter will notify the winner when and where the prize can be collected / is delivered.

  13. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

  14. The competition and these terms and conditions will be governed by Australian law.

  15. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network. You are providing your information to KIVARI and not to any other party. The information provided will be used in conjunction with the following Privacy Policy found at http://www.kivari.com.au/privacy-policy


Standard for Electronic Transactions:

KIVARI is governed by, is obligated to comply with, and fully supports the spirit of the Bermuda Standard for Electronic Transactions.

Copyrighted Materials for Limited Use:

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of KIVARI, and/or its subsidiaries (referred to herein as “KIVARI”) or the copyrighted property of parties from whom KIVARI has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. KIVARI reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

Use of Site:

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through KIVARI (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorised or permitted. Obtaining Products from KIVARI does not entitle you to use any portion of Content apart from the finished Products as they are supplied to you by KIVARI. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize KIVARI to provide Products to you. You agree that you will be responsible for all orders placed or other actions that are taken by you on this Website.

Product Availability & Pricing

Product availability, product prices and promotions may vary between our boutiques and those found on this website. We may vary the prices on this website at any time. You agree to pay the purchase price for the products as specified on the website plus any applicable delivery charges at the time of purchase. 

While we make all reasonable efforts to keep our stock quantities as up-to-date as possible on the website, stock quantities are not updated in real time. This means that on some occasions items will become unavailable in the warehouse shortly after your order is purchased and before your order is fulfilled. If a sold out item is purchased, you will be notified by e-mail as soon as possible and offered a refund, KIVARI gift card or suitable replacement. If your order is cancelled by us in these circumstances, we will refund in full the amount you have paid for the unavailable product and any relevant shipping costs. We cannot provide rain checks for products ordered online.

We reserve the right to limit the sale of products to reasonable quantities and to cancel or reject orders for quantities where we suspect that the purchaser is purchasing for resale and not for personal use.

Digital gift cards:

Digital gift cards purchased online are sent to the email address provided on the order as a digital gift card. Digital gift cards cannot be redeemed for cash and cannot be returned or cancelled.

SMS Terms Of Service

The KIVARI mobile message service (the "Service") is operated by KIVARI (“KIVARI”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to KIVARI’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of KIVARI through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g. order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g. cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with KIVARI. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to KIVARI or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other KIVARI mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to KIVARI or email customercare@kivari.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

Indemnification:

You agree that you shall indemnify and defend KIVARI and all parties from whom KIVARI has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

Disclaimer of Warranty:

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these terms of use alter those consumer guarantees if it is illegal for KIVARI to do so. If those consumer guarantees apply to you, and KIVARI cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, KIVARI: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of KIVARI to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired. Certain circumstances are beyond KIVARI´s control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for quantity or product type, and damage to the products arising after delivery to the customer. Please correct any mistakes prior to placing your order.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KIVARI OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT KIVARI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM KIVARI OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL KIVARI BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT.

Site Feedback: 

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to KIVARI in connection with the operation or content of this Site shall be provided by the submitter and received by KIVARI on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of KIVARI. By submitting any such information to KIVARI, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that KIVARI shall be free to use such information on an unrestricted basis.

International duties and taxes charges: 

Items in your order that are designated for shipment to countries outside of Australia may be subject to taxes, customs duties and fees levied by the destination country ("Import Fees"). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees. Import Fees (including returns) for international shipments, if applicable, are charged to the customer. It is the responsibility of the customer to be aware of what import charges may be applicable in your country. KIVARI does not have control on what these duties and taxes charges are and suggest to contact your local DHL to be aware of any charges which may occur receiving in orders from Australia.  

Refusing a shipment:

If you refuse a shipment from KIVARI or refuse to pay any duties and taxes, you are responsible for the original shipping charges, any Import Fees that are incurred on the package, and the cost of returning the package to KIVARI. This amount will be deducted from your merchandise refund. KIVARI will not cover any duties and taxes charge that may occur.

Governing Law:

The party you are contracting with and the seller of the products and services offered and sold on this Site is KIVARI. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of Australia. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Australia. You agree to submit to the jurisdiction of courts sitting in Australia, and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving KIVARI that a court sitting in Australia is an inconvenient forum for such legal action or proceeding.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.